The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1887-07-24
CHAPTER CLXNII.

An act entitled a supplement TO an act
entitled can act TO eu,horize the FORM
alton OF railroad corporations and reg
ulate the same, approved April second,
che thu usand eight hundred and seve1ty-
three, which supplement was approved
March thirty-first, one thousand eight
hundred and eighty-two.
Be it enacted by the Senate and Gen
erel Assembly of the State of New Jersey
That he fourteenth section of an act en-
titled ssAu act to authorize the formation
Of railroad corporations and regulate the
same. approved April second, one thous-
and eight hundred and seventy three, as
amended by supplement to said act,
which said supplement was approved
March tairty-frst, one thousand eight
hundred and eighty-two, be and the same
is hereby amended SO asto read IS lows:
IA Aud be it enacted, That it shall be
the duty of any company incorporated
under this act or any company owning,
leasing or controlling any right OF way for
a railroad within this state, witch has
been graded in whole or in part, but upon
which right of way the track or tracks
have not been completely laid to construct
and keep in repair good and sufficient
bridges and passages over, under and
across the said railroad or right OF way
where any public or other ROAD, street or
avenue now or hereafter laid shall cross
the same, so that pub ic travel on theroad
shall not be impeded thereby; and it is
further provided that such bridges and
passages shall be of such wild b
and character as shall be suita-
Bile to the locality in which the same
are situated; and also where the
said road shall intersect any farm or lands
Of any individual, to provide and keep in
repair suitable and convenient wagon
ways over, under and across the said rail-
road, aud shall also construct and main
tain suitable and proper cattle guards at
all road crossings; provided always, that
in case any such railroad shall cross any
streets or highways in any city it shall be
either above or below the grade thereof,
at such distance as shall not interfere withs
the-fFs6 and uninterrupted use of such
streets and highways; provided further,
that the common council OF any city may
grant permission to said company TO cross
such streets or highways at grade if they
shell deem it to be the best interest of
said city: aud further provided, that in
the event that such company shall not,
within a reasonable time after notification
from the common council of the city
or committe Of the township in which
such bridges and passages are to be SO
constructed or repaired, proceed to con-
struct or repair the same as required by
this act, the said common council or com
mittee may in the name of such city or
township, institute proceedings in the
court of chancery- against such company
to compel the specific performance of the
duties imposed upon such company by
this section OF this act. and in case de-
cree shall be made against such company,
in said proceedings commanding it to
specifically perform said duties within
reasonable time to be therein fixed, and
such company shall neglect or refuse to
specifically perform said duties within
said period of time, the chancellor, upon
proof of such neglect or refusal may in
his discretion issue thu states writ of in
junction to restrain said company from
the exercise of any franchise or the tran
saction of any business ia this state until
said company shall have obeyed the com.
mand of said decree, and shall have paid
the costs of said proceedings including
a reasonable allowance TO the counsel of
such city or township, to be fixed by the
chancellor; and further provided, that
said council or committee, in the event of
failure of 81 ch company to construct or
repair such bridges oy passages within
IchSOuduiC tiiiC &Attl uUttuCiuUH as dAOTc-
said, may If they shall deem it advisable
so to do, proceed themselves TO construct
or repair such bridges or passages, and
when the cost thereof shall have been
ascertained The same may be collected of
and from said Company by said common
council or lownship committee by an
action at law in any court of competent
jurisdiction.
2. And be it enacted, That this acf shall
take effect Immediately.
Approved April 28, 1887.